Involuntary Commitment There are three Wisconsin laws that govern the detainment and involuntary commitment process: Wis. Stats. §§ 51.15 and 51.20 cover mental health, drug abuse and developmental disability commitments and Wis. Stat. § 51.45 covers alcoholism. Below is a summary of the laws and processes involved in involuntary commitment. The first phase of an involuntary commitment is a detainment. This is when an individual, who has been diagnosed with a substance use disorder, mental health disorder, or a developmental disability, is taken into custody for the following reasons. The first bullet must exist and at least one condition listed under the second bullet must exist. • Individuals who are reasonably believed to be unable or unwilling to cooperate with voluntary treatment. • Individuals who have the probability of one of the following: o Physical harm to self o Physical harm to other persons o Physical impairment or injury to himself or herself due to impaired judgment o Unable to satisfy basic needs o For individuals with mental illness only: cannot make an informed decision to accept medication or treatment and there is probability that he/she needs treatment to prevent further disability or deterioration • If these conditions exist, a law enforcement officer detains the individual and takes them to an approved facility that is the least restrictive environment needed. • Individuals diagnosed with an alcohol use disorder are placed in protective custody and taken to an approved facility. They are subject for commitment based on the following: o Person lacks self-control of alcohol o Uses alcohol to the extent that health is impaired or endangered and social or economic functioning is disrupted o Their condition and conduct are dangerous to the person or others Once an individual is detained, the situation becomes a civil legal matter, and the rest of the process is handled through a county civil court. • Probable cause hearing occurs within 72 hours of detention and determines if there is probable cause to believe what is alleged in the detention is true.
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